EIR/202500446654 · FOI/EIR · clarification
Fish farm planning permission and expansion rejections: EIR release
Information requested
How many applications for new salmon farms and expansions to existing farms have been rejected by the government over the last ten years? Any information should include applications rejected which were subsequently accepted under revised criteria, ie smaller or in a slightly different location.
Secondly, the number of salmon farms which exist within any Marine Protected Areas and/or No Take Zones, including if any applications for expansions to farms or new farm have been made following the designation of these areas, and of course the government’s response.
Lastly, can you let me know if the government has conducted any polling on the popularity of salmon farming across the country? This has been done by Ipsos but only in areas around farms. Perhaps there is more.
We sought clarification from you on 15 January 2025 but received no response, therefore we have interpreted your request to mean “How many applications for fish farm planning permissions and expansions to existing farms have been rejected by the government over the last ten years.”
Response
As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.
This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.
The Scottish Government considers several types of fish farm applications, including:
Aquaculture Production Business authorisations; Marine licence applications; Scottish Environment Protection Agency Controlled Activities Regulations (CAR) Licence appeals; Planning appeals.
I enclose a copy of some of the information you requested:
“How many applications for new salmon farms and expansions to existing farms have been rejected by the government over the last ten years? Any information should include applications rejected which were subsequently accepted under revised criteria, ie smaller or in a slightly different location."
date case received case ref company name site address case detail decision date decision description 22/06/2021 PPA- 310- 2033 The Scottish Salmon Company Site To The East Of Millstone Point, Lochranza, Brodick, Isle Of Arran, KA27 8HH Installation And Operation Of An Atlantic Salmon Fish Farm Comprising 12 X 120M Circumference Fish Pens And An Accompanying Feed Barge. 09/11/2021 Appeal Dismissed 26/04/2021 PPA- 270- 2245 Organic Sea Harvest Land 1600M East Of Balmaqueen, IV51 New Marine Fish Farm For Atlantic Salmon Consisting Of 12 X 120M Circumference Circular Cages In A 80M Mooring Grid With Associated Feed Barge 07/10/2021 Appeal Dismissed 20/03/2020 PPA- 270- 2224 Organic Sea Harvest Land 1520M Ne Of Bridgend Cottage, Flodigarry, Portree, IV51 9HZ New Marine Fish Farm For Atlantic Salmon Consisting Of 12 X 120 M Circumference Circular Cages In An 80M Mooring Grid With Associated Feed Barge 26/11/2020 Appeal Dismissed
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested:
“Secondly, the number of salmon farms which exist within any Marine Protected Areas and/or No Take Zones, including if any applications for expansions to farms or new farm have been made following the designation of these areas, and of course the government’s response.
Lastly, can you let me know if the government has conducted any polling on the popularity of salmon farming across the country? This has been done by Ipsos but only in areas around farms. Perhaps there is more.”
Therefore. we are refusing some of your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained in the Annex to this letter.
Additional information provided out with the EIRs
Under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to advise you that the following additional information is also included in our response:
Information on appeals is published, and can be found here: Scottish Government - Planning and Environmental Appeals Division (DPEA) Scottish Government will also provide advice as statutory consultee – advice is published and can be found on planning portals: The Highland Council Homepage and North Ayrshire Council Information on fish farm consents: Fish farm consents - Aquaculture - gov.scot Marine Protected Areas – more information is available at: Marine Scotland - National Marine Plan Interactive and Scotland's Aquaculture | Home Dates of designation of sites is publicly available at: SiteLink - Home
ANNEX A
REASONS FOR NOT PROVIDING INFORMATION
The Scottish Government does not have the information
Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information on the number of salmon farms which exist within any Marine Protected Areas and/or No Take Zones, however you may find these resources helpful: Marine Scotland - National Marine Plan Interactive and Scotland's Aquaculture | Home.
Additionally, the Scottish Government does not have information on any polling conducted on the popularity of salmon farming across the country.
This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in information about the number of salmon farms within any Marine Protected Areas and/or No Take Zones; and polling conducted on the popularity of salmon farming clearly we cannot provide information which we do not hold.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG
Detected exemption language
We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA. This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. we are refusing some of your request under the exception at regulation 10(4)(a) of the EIRs.
Attachments
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